[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1822 Enrolled Bill (ENR)]
S.1822
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To require the Federal Communications Commission to issue rules relating
to the collection of data with respect to the availability of broadband
services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Deployment Accuracy and
Technological Availability Act'' or the ``Broadband DATA Act''.
SEC. 2. BROADBAND DATA.
The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``TITLE VIII--BROADBAND DATA
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Broadband internet access service.--The term `broadband
internet access service' has the meaning given the term in section
8.1(b) of title 47, Code of Federal Regulations, or any successor
regulation.
``(2) Broadband map.--The term `Broadband Map' means the map
created by the Commission under section 802(c)(1)(A).
``(3) Cell edge probability.--The term `cell edge probability'
means the likelihood that the minimum threshold download and upload
speeds with respect to broadband internet access service will be
met or exceeded at a distance from a base station that is intended
to indicate the ultimate edge of the coverage area of a cell.
``(4) Cell loading.--The term `cell loading' means the
percentage of the available air interface resources of a base
station that are used by consumers with respect to broadband
internet access service.
``(5) Clutter.--The term `clutter' means a natural or man-made
surface feature that affects the propagation of a signal from a
base station.
``(6) Fabric.--The term `Fabric' means the Broadband
Serviceable Location Fabric established under section 802(b)(1)(B).
``(7) Form 477.--The term `Form 477' means Form 477 of the
Commission relating to local telephone competition and broadband
reporting.
``(8) Indian tribe.--The term `Indian Tribe' has the meaning
given the term `Indian tribe' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(9) Mobility fund phase ii.--The term `Mobility Fund Phase
II' means the second phase of the proceeding to provide universal
service support from the Mobility Fund (WC Docket No. 10-90; WT
Docket No. 10-208).
``(10) Propagation model.--The term `propagation model' means a
mathematical formulation for the characterization of radio wave
propagation as a function of frequency, distance, and other
conditions.
``(11) Provider.--The term `provider' means a provider of fixed
or mobile broadband internet access service.
``(12) Quality of service.--The term `quality of service'
means, with respect to broadband internet access service, the
download and upload speeds (and, for relevant services, latency)
with respect to that service, as determined by, and to the extent
otherwise collected by, the Commission.
``(13) Shapefile.--The term `shapefile' means a digital storage
format containing geospatial or location-based data and attribute
information--
``(A) regarding the availability of broadband internet
access service; and
``(B) that can be viewed, edited, and mapped in geographic
information system software.
``(14) Standard broadband installation.--The term `standard
broadband installation'--
``(A) means the initiation by a provider of fixed broadband
internet access service in an area in which the provider has
not previously offered that service, with no charges or delays
attributable to the extension of the network of the provider;
and
``(B) includes the initiation of fixed broadband internet
access service through routine installation that can be
completed not later than 10 business days after the date on
which the service request is submitted.
``SEC. 802. BROADBAND MAPS.
``(a) Rules.--
``(1) In general.--Not later than 180 days after the date of
enactment of this title, the Commission shall issue final rules
that shall--
``(A) require the biannual collection and dissemination of
granular data, as determined by the Commission--
``(i) relating to the availability and quality of
service with respect to terrestrial fixed, fixed wireless,
satellite, and mobile broadband internet access service;
and
``(ii) that the Commission shall use to compile the
maps created under subsection (c)(1) (referred to in this
section as `coverage maps'), which the Commission shall
make publicly available; and
``(B) establish--
``(i) processes through which the Commission can verify
the accuracy of data submitted under subsection (b)(2);
``(ii) processes and procedures through which the
Commission, and, as necessary, other entities or
individuals submitting non-public or competitively
sensitive information under this title, can protect the
security, privacy, and confidentiality of that non-public
or competitively sensitive information, including--
``(I) information contained in the Fabric;
``(II) the dataset created under subsection
(b)(1)(A) supporting the Fabric; and
``(III) the data submitted under subsection (b)(2);
``(iii) the challenge process described in subsection
(b)(5); and
``(iv) the process described in section 804(b).
``(2) Other data.--In issuing the rules under paragraph (1),
the Commission shall develop a process through which the Commission
can collect verified data for use in the coverage maps from--
``(A) State, local, and Tribal governmental entities that
are primarily responsible for mapping or tracking broadband
internet access service coverage for a State, unit of local
government, or Indian Tribe, as applicable;
``(B) third parties, if the Commission determines that it
is in the public interest to use such data in--
``(i) the development of the coverage maps; or
``(ii) the verification of data submitted under
subsection (b); and
``(C) other Federal agencies.
``(3) Updates.--The Commission shall revise the rules issued
under paragraph (1) to--
``(A) reflect changes in technology;
``(B) ensure the accuracy of propagation models, as further
provided in subsection (b)(3); and
``(C) improve the usefulness of the coverage maps.
``(b) Content of Rules.--
``(1) Establishment of a serviceable location fabric regarding
fixed broadband.--
``(A) Dataset.--
``(i) In general.--The Commission shall create a common
dataset of all locations in the United States where fixed
broadband internet access service can be installed, as
determined by the Commission.
``(ii) Contracting.--
``(I) In general.--Subject to subclauses (II) and
(III), the Commission may contract with an entity with
expertise with respect to geographic information
systems (referred to in this subsection as `GIS') to
create and maintain the dataset under clause (i).
``(II) Application of the federal acquisition
regulation.--A contract into which the Commission
enters under subclause (I) shall in all respects comply
with applicable provisions of the Federal Acquisition
Regulation.
``(III) Limitations.--With respect to a contract
into which the Commission enters under subclause (I)--
``(aa) the entity with which the Commission
enters into the contract shall be selected through
a competitive bid process that is transparent and
open; and
``(bb) the contract shall be for a term of not
longer than 5 years, after which the Commission may
enter into a new contract--
``(AA) with an entity, and for the
purposes, described in clause (i); and
``(BB) that complies with the requirements
under subclause (II) and this subclause; and
``(cc) the contract shall--
``(AA) prohibit the entity described in
item (aa) from selling, leasing, or otherwise
disclosing for monetary consideration any
personally identifiable information to any
other entity other than for purposes authorized
under this title; and
``(BB) require the entity described in item
(aa) to include in any contract with any other
entity a provision that prohibits that other
entity from engaging in an action that is
prohibited under subitem (AA).
``(B) Fabric.--The rules issued by the Commission under
subsection (a)(1) shall establish the Broadband Serviceable
Location Fabric, which shall--
``(i) contain geocoded information for each location
identified under subparagraph (A)(i);
``(ii) serve as the foundation upon which all data
relating to the availability of fixed broadband internet
access service collected under paragraph (2)(A) shall be
reported and overlaid;
``(iii) be compatible with commonly used GIS software;
and
``(iv) at a minimum, be updated every 6 months by the
Commission.
``(C) Implementation priority.--The Commission shall
prioritize implementing the Fabric for rural and insular areas
of the United States.
``(2) Collection of information.--The rules issued by the
Commission under subsection (a)(1) shall include uniform standards
for the reporting of broadband internet access service data that
the Commission shall collect--
``(A) from each provider of terrestrial fixed, fixed
wireless, or satellite broadband internet access service, which
shall include data that--
``(i) documents the areas where the provider--
``(I) has actually built out the broadband network
infrastructure of the provider such that the provider
is able to provide that service; and
``(II) could provide that service, as determined by
identifying where the provider is capable of performing
a standard broadband installation, if applicable;
``(ii) includes information regarding download and
upload speeds, at various thresholds established by the
Commission, and, if applicable, latency with respect to
broadband internet access service that the provider makes
available;
``(iii) can be georeferenced to the GIS data in the
Fabric;
``(iv) the provider shall report as--
``(I) with respect to providers of fixed wireless
broadband internet access service--
``(aa) propagation maps and propagation model
details that--
``(AA) satisfy standards that are similar
to those applicable to providers of mobile
broadband internet access service under
subparagraph (B) with respect to propagation
maps and propagation model details, taking into
account material differences between fixed
wireless and mobile broadband internet access
service; and
``(BB) reflect the speeds and latency of
the service provided by the provider; or
``(bb) a list of addresses or locations that
constitute the service area of the provider, except
that the Commission--
``(AA) may only permit, and not require, a
provider to report the data using that means of
reporting; and
``(BB) in the rules issued under subsection
(a)(1), shall provide a method for using that
means of reporting with respect to Tribal
areas; and
``(II) with respect to providers of terrestrial
fixed and satellite broadband internet access service--
``(aa) polygon shapefiles; or
``(bb) a list of addresses or locations that
constitute the service area of the provider, except
that the Commission--
``(AA) may only permit, and not require, a
provider to report the data using that means of
reporting; and
``(BB) in the rules issued under subsection
(a)(1), shall provide a method for using that
means of reporting with respect to Tribal
areas; and
``(v) the Commission determines is appropriate with
respect to certain technologies in order to ensure that the
Broadband Map is granular and accurate; and
``(B) from each provider of mobile broadband internet
access service, which shall include propagation maps and
propagation model details that indicate the current (as of the
date on which the information is collected) fourth generation
Long-Term Evolution (commonly referred to as `4G LTE') mobile
broadband internet access service coverage of the provider,
which shall--
``(i) take into consideration the effect of clutter;
and
``(ii) satisfy--
``(I) the requirements of having--
``(aa) a download speed of not less than 5
megabits per second and an upload speed of not less
than 1 megabit per second with a cell edge
probability of not less than 90 percent; and
``(bb) cell loading of not less than 50
percent; and
``(II) any other parameter that the Commission
determines to be necessary to create a map under
subsection (c)(1)(C) that is more precise than the map
produced as a result of the submissions under the
Mobility Fund Phase II information collection.
``(3) Update of reporting standards for mobile broadband
internet access service.--For the purposes of paragraph (2)(B), if
the Commission determines that the reporting standards under that
paragraph are insufficient to collect accurate propagation maps and
propagation model details with respect to future generations of
mobile broadband internet access service technologies, the
Commission shall immediately commence a rule making to adopt new
reporting standards with respect to those technologies that--
``(A) shall be the functional equivalent of the standards
required under paragraph (2)(B); and
``(B) allow for the collection of propagation maps and
propagation model details that are as accurate and granular as,
or more accurate and granular than, the maps and model details
collected by the Commission under paragraph (2)(B).
``(4) Certification and verification.--With respect to a
provider that submits information to the Commission under paragraph
(2)--
``(A) the provider shall include in each submission a
certification from a corporate officer of the provider that the
officer has examined the information contained in the
submission and that, to the best of the officer's actual
knowledge, information, and belief, all statements of fact
contained in the submission are true and correct; and
``(B) the Commission shall verify the accuracy and
reliability of the information in accordance with measures
established by the Commission.
``(5) Challenge process.--
``(A) In general.--In the rules issued under subsection
(a), and subject to subparagraph (B), the Commission shall
establish a user-friendly challenge process through which
consumers, State, local, and Tribal governmental entities, and
other entities or individuals may submit coverage data to the
Commission to challenge the accuracy of--
``(i) the coverage maps;
``(ii) any information submitted by a provider
regarding the availability of broadband internet access
service; or
``(iii) the information included in the Fabric.
``(B) Considerations; verification; response to
challenges.--In establishing the challenge process required
under subparagraph (A), the Commission shall--
``(i) consider--
``(I) the types of information that an entity or
individual submitting a challenge should provide to the
Commission in support of the challenge;
``(II) the appropriate level of granularity for the
information described in subclause (I);
``(III) the need to mitigate the time and expense
incurred by, and the administrative burdens placed on,
entities or individuals in--
``(aa) challenging the accuracy of a coverage
map; and
``(bb) responding to challenges described in
item (aa);
``(IV) the costs to consumers and providers
resulting from a misallocation of funds because of a
reliance on outdated or otherwise inaccurate
information in the coverage maps;
``(V) any lessons learned from the challenge
process established under Mobility Fund Phase II, as
determined from comments solicited by the Commission;
and
``(VI) the need for user-friendly challenge
submission formats that will promote participation in
the challenge process;
``(ii) include a process for verifying the data
submitted through the challenge process in order to ensure
the reliability of that data;
``(iii) allow providers to respond to challenges
submitted through the challenge process; and
``(iv) develop an online mechanism, which--
``(I) shall be integrated into the coverage maps;
``(II) allows for an entity described in
subparagraph (A) to submit a challenge under the
challenge process;
``(III) makes challenge data available in both
geographic information system and non-geographic
information system formats; and
``(IV) clearly identifies the areas in which
broadband internet access service is available, and the
upload and download speeds at which that service is
available, as reported to the Commission under this
section.
``(C) Use of challenges.--The rules issued to establish the
challenge process under subparagraph (A) shall include--
``(i) a process for the speedy resolution of
challenges; and
``(ii) a process for the regular and expeditious
updating of the coverage maps and granular data
disseminated by the Commission as challenges are resolved.
``(D) Report to congress.--Not earlier than 1 year, and not
later than 18 months, after the date on which the rules issued
under subsection (a)(1) take effect, the Commission shall,
after an opportunity for notice and comment, submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report that--
``(i) evaluates the challenge process described in
subparagraph (A); and
``(ii) considers whether the Commission should commence
an inquiry on the need for other tools to help--
``(I) identify potential inaccuracies in the data
relating to broadband internet access service that
providers report; and
``(II) improve the accuracy of the data described
in subclause (I).
``(6) Reform of form 477 process.--
``(A) In general.--Not later than 180 days after the date
on which the rules issued under subsection (a) take effect, the
Commission shall--
``(i) reform the Form 477 broadband deployment service
availability collection process of the Commission--
``(I) to achieve the purposes of this title; and
``(II) in a manner that--
``(aa) enables the comparison of data and maps
produced before the implementation of this title
with data and coverage maps produced after the
implementation of this title; and
``(bb) maintains the public availability of
data relating to the deployment of broadband
internet access service; and
``(ii) harmonize reporting requirements and procedures
regarding the deployment of broadband internet access
service that are in effect on the day before the date on
which the rules issued under subsection (a)(1) take effect
with those requirements and procedures in those rules.
``(B) Continued collection and reporting.--On and after the
date on which the Commission carries out subparagraph (A), the
Commission shall continue to collect and publicly report
subscription data that the Commission collected through the
Form 477 broadband deployment service availability process, as
in effect on July 1, 2019.
``(7) Sharing data with ntia.--The Commission shall establish a
process to make the data collected under paragraph (2) available to
the National Telecommunications and Information Administration.
``(c) Maps.--The Commission shall--
``(1) after consultation with the Federal Geographic Data
Committee established under section 753(a) of the Geospatial Data
Act of 2018, create--
``(A) the Broadband Map, which shall depict--
``(i) the extent of the availability of broadband
internet access service in the United States, without
regard to whether that service is fixed broadband internet
access service or mobile broadband internet access service,
which shall be based on data collected by the Commission
from all providers; and
``(ii) the areas of the United States that remain
unserved by providers;
``(B) a map that depicts the availability of fixed
broadband internet access service, which shall be based on data
collected by the Commission from providers under subsection
(b)(2)(A); and
``(C) a map that depicts the availability of mobile
broadband internet access service, which shall be based on data
collected by the Commission from providers under subsection
(b)(2)(B);
``(2) after creating the maps under paragraph (1), use such
maps--
``(A) to determine the areas in which terrestrial fixed,
fixed wireless, mobile, and satellite broadband internet access
service is and is not available; and
``(B) when making any new award of funding with respect to
the deployment of broadband internet access service intended
for use by residential and mobile customers;
``(3) update the maps created under paragraph (1) not less
frequently than biannually using the most recent data collected
from providers under subsection (b)(2);
``(4) consult with--
``(A) the Secretary of Agriculture to enable the Secretary
of Agriculture to consult the maps created under paragraph (1)
when considering the awarding of funds for the deployment of
broadband internet access service under any program
administered by the Administrator of the Rural Utilities
Service; and
``(B) the National Telecommunications and Information
Administration to enable the Administration to consult the maps
created under paragraph (1) when considering the awarding of
funds for the deployment of broadband internet access service
under any future program administered by the Administration;
``(5) make available to any Federal agency, upon request, the
maps created under paragraph (1); and
``(6) make public at an appropriate level of granularity--
``(A) the maps created under paragraph (1); and
``(B) the data collected by the Commission with respect to
the availability of broadband internet access service and the
quality of service with respect to broadband internet access
service.
``(d) Delayed Effective Date for Quality of Service Rules.--Any
requirement of a rule issued under subsection (a)(1) that relates to
quality of service shall take effect not earlier than the date that is
180 days after the date on which the Commission issues that rule.
``SEC. 803. ENFORCEMENT.
``It shall be unlawful for an entity or individual to willfully and
knowingly, or recklessly, submit information or data under this title
that is materially inaccurate or incomplete with respect to the
availability of broadband internet access service or the quality of
service with respect to broadband internet access service.
``SEC. 804. IMPROVING DATA ACCURACY.
``(a) Audits.--The Commission shall conduct regular audits of
information submitted to the Commission by providers under section
802(b)(2) to ensure that the providers are complying with this title.
``(b) Crowdsourcing.--
``(1) In general.--The Commission shall develop a process
through which entities or individuals in the United States may
submit specific information about the deployment and availability
of broadband internet access service in the United States on an
ongoing basis so that the information may be used to verify and
supplement information provided by providers of broadband internet
access service for inclusion in the maps created under section
802(c)(1).
``(2) Collaboration.--As part of the efforts of the Commission
to facilitate the ability of entities and individuals to submit
information under paragraph (1), the Commission shall--
``(A) prioritize the consideration of data provided by data
collection applications used by consumers that the Commission
has determined--
``(i) are highly reliable; and
``(ii) have proven methodologies for determining
network coverage and network performance;
``(B) not later than 1 year after the date of enactment of
this title, conclude a process that tests the feasibility of
partnering with Federal agencies that operate delivery fleet
vehicles, including the United States Postal Service, to
facilitate the collection and submission of information
described in that paragraph; and
``(C) not later than 14 months after the date of enactment
of this title, publish on the website of the Commission, and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives, a report regarding
the testing described in subparagraph (B), which shall
include--
``(i) a determination regarding whether the
partnerships with Federal agencies described in that
subparagraph are able to facilitate the collection and
submission of information described in paragraph (1); and
``(ii) any steps that the Commission plans to take to
facilitate the partnerships described in that subparagraph.
``(c) Technical Assistance to Indian Tribes.--
``(1) In general.--Subject to paragraph (2), the Commission
shall hold workshops for Tribal Governments in each of the 12
Bureau of Indian Affairs regions to provide technical assistance
with the collection and submission of data under section 802(a)(2).
``(2) Annual review.--Each year, the Commission, in
consultation with Indian Tribes, shall review the need for
continued workshops required under paragraph (1).
``(d) Technical Assistance to Small Service Providers.--The
Commission shall establish a process through which a provider that has
fewer than 100,000 active broadband internet access service connections
may request and receive assistance from the Commission with respect to
geographic information system data processing to ensure that the
provider is able to comply with the requirements under section 802(b)
in a timely and accurate manner.
``(e) Technical Assistance to State, Local, and Tribal Governments
and Consumers.--The Commission shall provide technical assistance to
consumers and State, local, and Tribal governmental entities with
respect to the challenge process established under section 802(b)(5),
which shall include--
``(1) detailed tutorials and webinars; and
``(2) the provision of staff of the Commission to provide
assistance, as needed, throughout the entirety of the challenge
process.
``(f) GAO Assessment of Fabric Source Data.--
``(1) In general.--The Comptroller General of the United States
shall conduct an assessment of key data sources that are used for
purposes of the Fabric to identify and geocode locations where
fixed broadband internet access service can be installed in order
for the Comptroller General to develop recommendations for how the
quality and completeness of those data sources can be improved as
data sources for the Fabric.
``(2) Sources included.--For the purposes of the assessment
conducted under paragraph (1), the key data sources described in
that paragraph shall include--
``(A) any relevant sources of Federal data, including the
National Address Database administered by the Department of
Transportation;
``(B) State- and county-level digitized parcel data; and
``(C) property tax attribute recording.
``(3) Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that contains the
recommendations developed under paragraph (1).
``SEC. 805. COST.
``(a) USF.--The Commission may not use funds from the universal
service programs of the Commission established under section 254, and
the regulations issued under that section, to pay for any costs
associated with this title.
``(b) Other Funds.--The Commission may recover costs associated
with this title under section 9 to the extent provided for in an
appropriation Act, as required under subsection (a) of that section.
``SEC. 806. OTHER PROVISIONS.
``(a) OMB.--Notwithstanding any other provision of law, the initial
rule making required under section 802(a)(1) shall be exempt from
review by the Office of Management and Budget.
``(b) PRA.--Subchapter I of chapter 35 of title 44, United States
Code (commonly known as the `Paperwork Reduction Act') shall not apply
to the initial rule making required under section 802(a)(1).
``(c) Execution of Responsibilities.--Except, with respect to an
entity that is not the Universal Service Administrative Company, as
provided in section 802(a)(2)(B), section 802(b)(1)(A)(ii), and
subsections (c), (d), and (e) of section 804, the Commission--
``(1) including the offices of the Commission, shall carry out
the responsibilities assigned to the Commission under this title;
and
``(2) may not delegate any of the responsibilities assigned to
the Commission under this title to any third party, including the
Universal Service Administrative Company.
``(d) Reporting.--Each fiscal year, the Commission shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that summarizes the implementation of this
title and associated enforcement activities conducted during the
previous fiscal year.
``(e) Rule of Construction.--If the Commission, before the date of
enactment of this title, has taken an action that, in whole or in part,
implements this title, the Commission shall not be required to revisit
such action to the extent that such action is consistent with this
title.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.